Ohio Lottery Commission - Greenbook LSC Analysis of Enacted Budget - Jean J. Botomogno, Principal Economist - Legislative Service Commission

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Greenbook
 LSC Analysis of Enacted Budget

Ohio Lottery Commission

      Jean J. Botomogno, Principal Economist
         Legislative Service Commission

                  August 2017
TABLE OF CONTENTS
OVERVIEW ..................................................................................................................... 1
Agency Overview ......................................................................................................................... 1
Appropriation Overview ............................................................................................................ 1
Lottery Revenues.......................................................................................................................... 2
Elimination of the Permanent Joint Committee on Gaming and Wagering .................... 2
Appointment of Specific Deputy Directors ............................................................................ 3
Voluntary Exclusion Program.................................................................................................... 3
Vetoed Provision .......................................................................................................................... 3
       Lottery Ticket Purchase with a Credit Card Prohibited .................................................. 3
ANALYSIS OF ENACTED BUDGET .............................................................................. 4
Introduction .................................................................................................................................. 4
       Operating Expenses (950321) .............................................................................................. 4
       Advertising Contracts (950402)........................................................................................... 4
       Gaming Contracts (950403).................................................................................................. 5
       Direct Prize Payments (950601) .......................................................................................... 5
       Problem Gambling (950605) ................................................................................................ 6
       Annuity Prizes (950602) ....................................................................................................... 6

ATTACHMENT:
       Budget Spreadsheet By Line Item
Ohio Lottery Commission                                                                                        Overview

Ohio Lottery                                                                        The Ohio Lottery is self-
                                                                                     sustaining and funded through
                                                                                     the State Lottery Fund

Commission                                                                          The Ohio Lottery oversees
                                                                                     video lottery terminal gaming at
                                                                                     Ohio racinos

OVERVIEW
Agency Overview
       The Ohio Lottery (LOT) operates a variety of online1 and Instant ticket games,
and regulates video lottery terminals (VLTs) at Ohio horse racetracks (or racinos). LOT
exists primarily to create operating net profits to be transferred to the Lottery Profits
Education Fund (LPEF) for use in programs benefiting primary, secondary, vocational,
and special education. The Ohio Lottery also provides some funding to the Ohio
Department of Mental Health and Addiction Services for the administration of problem
gambling treatment programs. The Ohio Lottery is self-sustaining and funded through
the State Lottery Fund.
        The enacted budget requires transfers totaling $2.18 billion over the biennium to
LPEF ($1,082.6 million in FY 2018 and $1,093.6 million in FY 2019). In FYs 2016-2017,
total transfers were $2.11 billion, including $1.07 billion in FY 2016 and $1.04 billion in
FY 2017, about $25 million (2.4%) less than in the previous year. Those transfers were,
respectively, about 32% and 31% of LOT revenue.

                                  Appropriations by Fund Group, FY 2018-FY 2019
                                                (Am. Sub. H.B. 49)
       Fund Group               FY 2017*                FY 2018         % change          FY 2019           % change
State Lottery                 $399,113,801            $370,665,982       -7.1%         $371,967,152             0.4%
TOTAL                         $399,113,801            $370,665,982       -7.1%         $371,967,152             0.4%
    *FY 2017 figures represent actual expenditures.

Appropriation Overview
       Appropriations in LOT's budget support the computerized gaming systems, the
purchase and distribution of Instant tickets, the payment of prizes to winners, funding
for programs supporting gambling and related addiction services, and expenditures for
the regulation of the VLT program.

1These online games are played via a terminal at an Ohio Lottery sales agent. Those terminals are linked
to Ohio Lottery headquarters computers. "Online" games in this report do not refer to Internet lottery
sales.

Legislative Service Commission                              Greenbook                                              Page 1
Overview                                                                     Ohio Lottery Commission

       The enacted budget appropriates $370.7 million to the Ohio Lottery Commission
for FY 2018. This amount is $28.4 million (7.1%) lower than FY 2017 actual expenditures.2
Appropriations for FY 2019 are $1.3 million (0.4%) above the FY 2018 appropriations. The
chart below provides appropriations by expense category for the biennium.

                                           Biennial Budget
                                 by Expense Category, FY 2018-FY 2019

                  Direct Prize                             Annuity Prizes
                   Payments                                    22%
                      38%
                                                                                   Other
                                                                                    1%

                                                                                    Operating
                                                                                    Expenses
                                                                                      13%

                                                                     Advertising
                                     Gaming Contracts                 Contracts
                                          19%                           7%

Lottery Revenues
       Traditional ticket sales (online and Instant) were $3.00 billion in FY 2017,
$58.8 million (1.9%) below such sales in FY 2016. At Ohio racinos, total wagers were
$10.20 billion in FY 2017, up $19.3 million (7.7%) from FY 2016. After payout to
gamblers, the VLT Program at racinos provided income of $926.6 million, $57.7 million
(6.6%) more than in FY 2016. Revenue from the program is shared by the racetrack
owners (66.5%) and the Ohio Lottery Commission (33.5%). Thus, LOT received
$310.4 million of the VLT revenue in FY 2017, $19.3 million (6.6%) more than in FY 2016.
As stated earlier, net profits from all Ohio Lottery games are transferred to the LPEF
(Fund 7017) in the Ohio Department of Education budget.
       Am. Sub. H.B. 49 makes the following statutory changes that have no fiscal effect
on the Commission.

Elimination of the Permanent Joint Committee on Gaming and Wagering
     The enacted budget eliminates the Permanent Joint Committee on Gaming and
Wagering and makes conforming changes in law related to the abolishment. The
Committee was created by Am. Sub. H.B. 519 of the 128th General Assembly to review,

2Record jackpots won in multi-state games generated substantial expenditures on direct prize payments
and gaming contracts in FY 2016 and FY 2017. The Ohio Lottery generally does not forecast the potential
for such jackpots in its budget.

Page 2                                        Greenbook                 Legislative Service Commission
Ohio Lottery Commission                                                                         Overview

study, and submit recommendations and make an annual report to the Governor and
the General Assembly on various items related to gaming, including reviewing license
fees and penalties under the Casino Law. The Committee produced its only report in
December 2015.

Appointment of Specific Deputy Directors
       H.B. 49 repeals law mandating the appointment of specific deputy directors3 by
the Director of the State Lottery Commission and specifies that an assistant director or
designated deputy director must act as director in the absence or disability of the
Director. This provision should allow greater flexibility in managing LOT operations.

Voluntary Exclusion Program
       H.B. 49 authorizes the Commission to establish rules governing voluntary
exclusion programs for VLT players. Comparable to a program for casinos operated by
the Casino Control Commission, an individual with a gambling problem may elect to
join LOT's exclusion program and be excluded from gambling at Ohio racinos. The
enacted budget also provides that identities of participants in the program would be
confidential information not subject to public release.

Vetoed Provision
    Lottery Ticket Purchase with a Credit Card Prohibited
       The budget bill as passed by the legislature precluded the State Lottery
Commission from adopting rules to allow the purchase of a lottery ticket (online and
Instant) with a credit card, except at a VLT machine. This provision was vetoed by the
Governor.

3Prior law specified that the Director must hire deputy directors of Marketing, Operations, Sales, Finance,
Public Relations, Security, and Administration.

Legislative Service Commission                  Greenbook                                           Page 3
Analysis of Enacted Budget                                               Ohio Lottery Commission

ANALYSIS OF ENACTED BUDGET
Introduction
       This section provides an analysis of the funding for each appropriation item in
LOT's budget. The Ohio Lottery is self-sustaining through ticket sales and VLT income,
and funded through the State Lottery Fund Group. Most line items are funded through
the State Lottery Fund (Fund 7044) and annuity payments are funded from the Deferred
Prizes Trust Fund (Fund 8710). Appropriations for these purposes in FYs 2018-2019 are
shown in the table below. Following the table, a narrative describes how each
appropriation is used and any changes affecting the appropriations. This is the same
order in which the line items appear in the budget bill. Amounts are specified in H.B. 49
for each of the line items shown below, but the act includes a provision in uncodified
law that appropriates additional amounts from Fund 7044, if approved by the
Controlling Board, up to 10% of anticipated total revenue accruing from sales of lottery
products.

                     Appropriation Amounts for the Ohio Lottery Commission
   Fund                        ALI and Name                         FY 2018           FY 2019
 State Lottery Fund Group
    7044         950321      Operating Expenses                    $50,000,000       $50,000,000
    7044         950402      Advertising Contracts                 $25,800,000       $25,800,000
    7044         950403      Gaming Contracts                      $68,258,704       $68,917,884
    7044         950601      Direct Prize Payments                $142,307,278     $142,949,268
    7044         950605      Problem Gambling                       $3,300,000        $3,300,000
    8710         950602      Annuity Prizes                        $81,000,000       $81,000,000
                              State Lottery Fund Group Subtotal   $370,665,982     $371,967,152
 Total Funding: Ohio Lottery Commission                           $370,665,982     $371,967,152

   Operating Expenses (950321)
       This appropriation item provides funds for staff payroll and benefits,
maintenance and supplies, and equipment. The appropriation for operating expenses in
each year of the biennium is $50.0 million. That amount is $1.0 million (1.9%) above
actual spending in FY 2017, from expected increases in staff compensation. Also, LOT
expects the costs of purchased personal services and maintenance to be flat or decrease
in FY 2019.
   Advertising Contracts (950402)
      Advertising expenses cover the production of print, radio, and television
advertisements, the cost of post-production media placement of those advertisements,
and the production of the Cash Explosion Game show. The appropriation for FY 2018 is

Page 4                                          Greenbook           Legislative Service Commission
Ohio Lottery Commission                                          Analysis of Enacted Budget

$25.8 million, $0.07 million (0.3%) above FY 2017 spending, due to an expected small
increase in the cost of marketing on television. The appropriation for FY 2019 is the
same as funding for FY 2018.
   Gaming Contracts (950403)
       Spending on gaming contracts is directly related to the level of sales. Funding
within this appropriation item also accounts for additional gaming equipment
necessary to support the retailer base. The enacted budget appropriates $68.3 million in
FY 2018, $9.8 million (12.5%) less than FY 2017 actual spending, on the expectation that
sales would fall back to historical trends. FY 2017 spending included the purchase and
operation of hundreds of Multi-Purposed Quick-Keno machines, which may not be
repeated in FY 2018. Also, though sales of multistate games fell below the levels of
FY 2016, they were still relatively high in FY 2017. (The Ohio Lottery generally does not
forecast the proceeds or additional expenses of larger than usual jackpots.) The funding
for FY 2019 is $0.7 million (1.0%) higher than appropriations for FY 2018, from expected
increases in ticket sales. Though appropriation amounts are specified in the budget bill
for this line item, if needed, LOT will request the Controlling Board's approval for an
increase in appropriations.
   Direct Prize Payments (950601)
       Spending for direct prize payments includes bonuses and commissions to
vendors, and payments for all nondeferred major prizes won by players. The major
sources of expenditures from this line item are cash options for large jackpots in games
such as Classic Lotto, Powerball, and Mega Millions; first installments of deferred
Powerball and Mega Millions prizes; and prize payments of high-tier winners of other
online games. Expenditures supported by direct prize payments appropriations may
also include cash payouts from Instant games, and noncash prizes payouts to winners.
       Appropriations for direct prize payments are $142.3 million in FY 2018,
$26.1 million (15.5%) below actual spending for FY 2017, for the same reasons provided
for the appropriation item on gaming contracts. Funding is increased by $0.6 million
(0.5%) in FY 2019, due to anticipated sales increases from the addition of higher price
point games and other multistate games. Though appropriation amounts are specified
in the budget bill for this line item, uncodified language in the bill appropriates
additional amounts if the Director of the State Lottery Commission determines that
additional amounts are needed to pay out prize winnings.

Legislative Service Commission         Greenbook                                     Page 5
Analysis of Enacted Budget                                                      Ohio Lottery Commission

       Problem Gambling (950605)
       This appropriation item is funded by a share of commissions (0.5%) received by
Lottery sales agents operating VLTs at racinos (R.C. 3769.087).4 This line item funds
expenditures related to problem gambling identification and treatment programs, and
supports the Ohio for Responsible Gambling initiative. The appropriation in each year
of the biennium is $3.3 million, $0.7 million (28.2%) above FY 2017 spending. The Ohio
Lottery has outsourced the responsibility of providing treatment and counseling
services for gamblers to the Ohio Department of Mental Health and Addiction Services
by providing funds for the treatment of lottery players that also are addicted to alcohol
and drugs. The goal is generally to establish outpatient gambling treatment programs,
increase the identification and referral of problem gamblers to appropriate services, and
to increase awareness of available services for problem gamblers and their families.
       Annuity Prizes (950602)
        Appropriations in this line item support the annual payment for the annuity
prize winnings for winners who selected to be paid over a period of time rather than in
one lump sum payment. The Ohio Lottery is required to set aside cash and transfer
from the State Lottery Fund to the Deferred Prize Trust Fund (Fund 8710) an amount
sufficient to fund deferred prizes won in Mega Millions, Powerball, and other games. In
addition, the Treasurer of State from time to time credits to the fund interest earned on
invested balances.
       The appropriation for FY 2018 of $81.0 million is $5.6 million (7.5%) above
FY 2017 spending. The funding in FY 2019 is the same as in FY 2018. The deferred prize
appropriations are derived using the known schedule of existing annuities and an
estimate of future games offering annuity prize payouts. Though appropriation
amounts are specified in the budget bill for this line item, uncodified language in the
bill appropriates additional amounts if the Director of the State Lottery Commission
determines that additional amounts are needed to pay out prize winnings.

LOT.docx/lb

4 Byrule, the Ohio Lottery also may require the racinos to disperse an additional amount of up to one-half
of 1% of their commissions for the same purpose.

Page 6                                         Greenbook                  Legislative Service Commission
FY 2018 - FY 2019 Final Appropriation Amounts                                                                                    All Fund Groups
Line Item Detail by Agency
                                                                                               Appropriation FY 2017 to FY 2018 Appropriation FY 2018 to FY 2019
                                                              FY 2016           FY 2017           FY 2018        % Change         FY 2019         % Change
Report For Main Operating Appropriations Bill                                Version: As Enacted
LOT Ohio Lottery Commission
7044     950321      Operating Expenses                       $ 46,439,848      $ 49,043,723     $ 50,000,000           1.95%     $ 50,000,000            0.00%
7044     950402      Advertising Contracts                    $ 24,362,873      $ 25,731,325     $ 25,800,000           0.27%     $ 25,800,000            0.00%
7044     950403      Gaming Contracts                         $ 61,628,415      $ 78,015,884     $ 68,258,704          -12.51%    $ 68,917,884            0.97%
7044     950601      Direct Prize Payments                   $ 274,655,574     $ 168,372,356    $ 142,307,278          -15.48%   $ 142,949,268            0.45%
7044     950605      Problem Gambling                          $ 3,125,311       $ 2,573,524      $ 3,300,000          28.23%      $ 3,300,000            0.00%
8710     950602      Annuity Prizes                           $ 82,051,215      $ 75,376,988     $ 81,000,000           7.46%     $ 81,000,000            0.00%
   State Lottery Fund Group Total                            $ 492,263,237     $ 399,113,801    $ 370,665,982           -7.13%   $ 371,967,152            0.35%

Ohio Lottery Commission Total                                $ 492,263,237     $ 399,113,801    $ 370,665,982           -7.13%   $ 371,967,152            0.35%

                                                Prepared by the Legislative Service Commission
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